Budheswar @ Budhia Nath vs State Of Odisha ..... Opp. Party
2024 Latest Caselaw 189 Ori

Orissa High Court

Budheswar @ Budhia Nath vs State Of Odisha ..... Opp. Party on 4 January, 2024

Author: Savitri Ratho

Bench: Savitri Ratho

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLMA No. 502 of 2023

Budheswar @ Budhia Nath               .....                              Petitioner
                                                               Mr. S. Panda, Adv.
                                      Vs.
State of Odisha                       .....                             Opp. Party
                                                        Mr. S.S. Pradhan, A.G.A.
            CORAM:
                  JUSTICE SAVITRI RATHO
                                         ORDER

04.01.2024 Order No. (Through hybrid mode)

05.

1. Defect as pointed out by the S.R. is ignored, as learned State

Counsel has received copy of the brief.

2. The petitioner has been convicted for commission of offence

punishable under Sections 376/506 of IPC by judgment dated

29.09.2023 by the learned Assistant Sessions Judge (Special Track

Court), Sonepur in S.C. Case No. 10/24 of 2013 and sentenced to

undergo R.I. for seven years and to pay a fine of Rs.5000/-, in

default to undergo S.I. for two months for the offence under Section

376 of IPC and to undergo R.I. for six months for the offence under

Section 506 of IPC.

He has filed CRLA No. 14 of 2023 challenging his conviction.

3. The prayer for bail of the petitioner has been rejected by order

dated 13.11.2023 by the learned Sessions Judge, Sonepur.

4. The learned Sessions Judge, Sonepur has rejected the prayer

of the petitioner for suspension of execution of sentence and stay of

realization of fine and to release him on bail, by order dated

13.11.2023.

5. This application under section 389(2) of the Code of Criminal

Procedure has been filed with a prayer to release the petitioner on

bail in connection with Sonepur P.S. Case No. 89 of 2011

corresponding to S.C. Case No. 10/24 of 2013 pending in the Court

of the learned Assistant Sessions Judge (Special Track Court),

Sonepur.

6. Perusal of paragraph-9 of the impugned judgment of the

learned trial Court reveals that the victim had stated about the rape

committed on her on the first two occasions and during her further

cross-examination on 22.03.2023 after about 10 years of her original

evidence she has stated that the parents of the victim had given

proposal of marriage to the victim and that such proposal was denied

by the parents of the accused and that presently both the accused and

the victim have got married and they are residing peacefully and

such fact brought out by way of re-examination of the accused

cannot be accepted as a circumstance to ignore the original

testimony of the victim and P.W.1 regarding such rape.

It has been further observed that the evidence of P.W.1 reveals

that the accused the blessed with one son and daughter.

7. List this case on 16.01.2024 to enable Mr. S. Panda, learned

counsel for the petitioner to file an affidavit clarifying the

observations of the learned trial Court in paragraph-9 of the

judgment regarding marriage of the accused and the victim.

(Savitri Ratho) Judge Sukanta

Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer

Location: Orissa High Court, Cuttack Date: 05-Jan-2024 18:34:16